VietlawOnline

red-check New provisions on customs declaration and import duty, export duty policies

Circular No. 38/2015/TT-BTCstatus2 dated March 25, 2015 of the Ministry of Finance on customs procedures, customs supervision and inspection, export tax, import tax, and tax administration applied to exported and imported goods
Posted: 1/4/2015 8:45:45 AM | Latest updated: 15/9/2022 9:24:09 AM (GMT+7) | LuatVietnam: 3695 | Vietlaw: 195
VietlawOnline

This Circular applies to all goods imported and exported such as goods of export processing enterprises (EPEs), goods processed for foreign party, goods imported, exported under import, export rights of foreign direct investment enterprises; except for goods sent by express mail, petrol, oil, liquefied petroleum gas exported, imported and goods sold tax-free shops (Clause 2 Article 1)

Compared with current provisions, there are some important changes in this Circular, including

- The exemption from submitting electronic customs declaration when making procedures for tax exemption, tax reduction, tax refund, tax cancellation settlement, tax deferral, tax payment in installments (Clause 1 Article 3)

- Consolidated enterprise, acquired enterprise, or divided, separated enterprise shall be still eligible for inheriting the (conditional) incentive for the 275-day time limit for tax payment that is applied to materials and supplies imported for manufacturing goods to be exported (Clause 2 Article 2)

- Enterprises may request customs authorities for carrying out customs procedure on days off, public holidays, and overtime (Article 4)

- Cases of via-bank payment for goods imported for manufacturing export that are accepted to defer tax payment shall comply with Clause 4 Appendix VII of this Circular (Article 42)

- Goods traded, circulated among EPEs, goods circulated within an EPE, goods delivered and dispatched by an EPC for warranty, repair, processing for which the customs declaration is also optional (Article 74)

- All customs declaration forms are replaced by the new ones

This Circular takes effect on April 01, 2015.

Point dd.2 Clause 1, Point dd Clause 4 Article 42, Clause 4, Clause 7, and Clause 8 Article 133, and Article 135 of this Circular shall come into force on the effective date of the Law No. 71/2014/QH13status2 on amendments to tax laws (January 01, 2015).

The determination of late payment interest on customs declarations registered before January 01, 2015 on which tax is paid from January 01, 2015 shall be complied with Article 133 of this Circular

This Circular is to annul the following circulars:

a) Circular No. 94/2014/TT-BTCstatus1 dated July 17, 2014

b) Circular No. 22/2014/TT-BTCstatus1 dated February 14, 2014

c) Circular No. 128/2013/TT-BTCstatus1 dated September 10, 2013

d) Circular No. 196/2012/TT-BTCstatus1 dated November 15, 2012

dd) Circular No. 186/2012/TT-BTCstatus1 dated November 02, 2012

e) Circular No. 183/2012/TT-BTCstatus1 dated October 25, 2012

g) Circular No. 15/2012/TT-BTCstatus1 dated February 08, 2012 of

h) Circular No. 190/2011/TT-BTCstatus1 dated December 20, 2011

i) Circular No. 45/2011/TT-BTCstatus1 dated May 19, 2011

k) Circular No. 45/2007/TT-BTCstatus1 dated May 07, 2007

l) Circular No. 13/2014/TT-BTCstatus1 dated January 14, 2014

m) Circular No. 175/2013/TT-BTC dated November 29, 2013

n) Circular No. 237/2009/TT-BTCstatus1 dated December 18, 2009

And guidelines for customs procedures, customs supervision and inspection, export tax, import tax, and tax administration of exported or imported goods provided by the Ministry of Finance that contravene this Circular

Amendement notes
  • Please be informed that the forms attachment are not translated and not included in the English file
  • Article 94 of this Circular will be terminated from Feb. 14, 2016. To refer new provisions at Circular No. 217/2015/TT-BTCstatus1 dated 31/12/2015.
Ms Phuong Thao (VietlawOnline.com)
Please tag VietlawOnline.com when reposting this article

Related documents

Penalty document

red-check 128/2020/NĐ-CPNew fine levels imposed on administrative customs offences

Information

Effective Date 1-Apr-2015
ExpiredDate Unknown
Published Vietlaw's Newsletter No. 195

Files attachment

enflag pdficon TT38_25032015BTC[ENGLISH].pdf

Timeline

Customs policies

blue-check Regarding re-import of exported goods from bonded warehouses
blue-check Goods imported from bonded warehouses for export manufacture shall be still exempt from import duty
blue-check Regarding use of electronic air waybill
blue-check From August 15th, 2022: It is allowable to online extend Decision on recognition of location for inspection of imports/exports
blue-check Regarding refund of import duty on goods imported on the spot for export production
blue-check Export-import enterprises running their operation for over 365 days may register for obtaining counseling, support from customs authorities
blue-check Regarding extension of duration for temporary import of drilling platform
blue-check It is not required to submit electronic VAT invoice in customs dossier for exports
blue-check Issues relating to refund of import duty
blue-check Issue relating to duty reduction for goods damaged due to conflagration
blue-check Recommendations for customs fraudulent acts subject to inspection in 2022
blue-check Conditions for late submission of customs documents amid the Covid-19 pandemic
blue-check Regarding destruction of raw materials imported for export production
blue-check Issues relating to declaration of HS codes pending analysis result
blue-check Regarding handling of import duty on stolen goods
blue-check Notes in relation to conditions, procedures for duty exemption granted to goods imported under mandate
blue-check Regarding handling of duties on goods exported on the spot
blue-check “Prioritized enterprise” must have internal system to manage import and export activities
blue-check Customs fees applicable from April 5th, 2021
blue-check Regarding bonded warehouse lease contract